Spór o podstawę kompetencji prawodawczej

The view that lawmaking competence is based on a norm conferring norm-making competence leads to difficulties and limitations. Therefore, as regards the basis of lawmaking competence, it is better to consider the relevant part of a proposition establishing a given construct. Numerous modifications of the relevant part, and other parts, of the said proposition result in a provision conferring lawmaking competence. Firstly, classified as conjunctive propositions, the propositions establishing constructs are segmented into particular elements. Secondly, those elements are modified by means of definitions. Thirdly, expressions that signify ‘granting authorisation’ are abbreviated or eliminated. It should be added that the placement of lawmaking competence outside of norms has been considered before, but in a different way. Keywords: norm conferring norm-making competence, proposition establishing a construct, provision governing lawmaking competence